A.
Every new owner of a dog or cat adopted from a releasing agency shall cause to be sterilized the dog or cat pursuant to the agreement required by Subsection B(2) of this section.
B.
A dog or cat shall not be released for adoption from a releasing
agency unless:
(1)
The animal has already been sterilized; or
(2)
The individual adopting the animal signs an agreement to have the
animal sterilized by a licensed veterinarian (i) within 30 days of
the adoption, if the animal is sexually mature, or (ii) within 30
days after the animal reaches six months of age, if the animal is
not sexually mature at the time of adoption.
C.
A releasing agency may extend for 30 days the date by which a dog
or cat must be sterilized on presentation of a written report from
a veterinarian stating that the life or health of the adopted animal
may be jeopardized by sterilization. In cases involving extenuating
circumstances, the veterinarian and the releasing agency may negotiate
the terms of an extension of the date by which the animal must be
sterilized.
D.
Any agreement used by a releasing agency under this section shall
contain:
(1)
The date of the agreement;
(2)
The names, addresses, and signatures of the releasing agency and
the new owner;
(3)
A description of the dog or cat to be adopted;
(4)
The date by which the dog or cat is to be sterilized; and
(5)
A statement printed in conspicuous, bold print, that sterilization
of the dog or cat is required under this section; that a person who
violates this section is subject to a civil penalty; and that the
new owner may be compelled to comply with the provisions of this section.
E.
Each new owner who signs a sterilization agreement shall, within
seven days of the sterilization, cause to be delivered or mailed to
the releasing agency written confirmation signed by the veterinarian
who performed the sterilization. The confirmation shall briefly describe
the dog or cat; include the new owner's name and address; certify
that the sterilization was performed; and specify the date of the
procedure. Any person who violates this subsection shall be subject
to a civil penalty not to exceed $150.
F.
If an adopted dog or cat is lost, stolen or dies before the animal
is sterilized and before the date by which the dog or cat is required
to be sterilized, the new owner shall, within seven days of the animal's
disappearance or death, notify the releasing agency of the animal's
disappearance or death. Any person who violates this subsection shall
be subject to a civil penalty not to exceed $25.
G.
This section shall not apply to:
(1)
An owner reclaiming his dog or cat from a releasing agency; and
(2)
The City pound for animals disposed of by sale or gift to a federal
agency, state-supported institution, agency of the Commonwealth, agency
of another state, or licensed federal dealer having its principal
place of business located within the Commonwealth.
H.
A releasing agency may charge and collect from the new owner a deposit
before releasing a dog or cat for adoption to ensure sterilization.
I.
Nothing in this section shall preclude the sterilization of a sexually
immature dog or cat upon the written agreement of the veterinarian,
the releasing agency, and the new owner.
J.
Upon the petition of an Animal Control Officer, the State Veterinarian
or State Veterinarian's representative to the City's general
district court, the court may order the new owner to take any steps
necessary to comply with the requirements of this section. This remedy
shall be exclusive of and in addition to any civil penalty which may
be imposed under this section.
L.
Any Animal Control Officer, the State Veterinarian, or State Veterinarian's
representative shall be entitled to bring a civil action for any violation
of this section which is subject to a civil penalty. Any civil penalty
assessed pursuant to this section shall be paid into the Treasury
of the City and used for the purpose of defraying the costs of local
animal control, including efforts to promote sterilization of cats
and dogs.
